교통사고처리특례법위반(치사)등
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant - The lower court’s imprisonment (one year of imprisonment) is too heavy.
B. Prosecutor’s unreasonable sentencing - The lower court’s sentence is too minor.
2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.
All the circumstances alleged by the prosecutor as an unfavorable element in relation to the sentencing in the trial court and the circumstances alleged by the defendant as an favorable element in the court below’s oral proceedings, and there is no change of circumstances in relation to the matters subject to sentencing after the pronouncement of the court below.
(A) The Defendant and the Prosecutor already determined a sentence by fully taking account of all the circumstances that include the circumstances asserted as the grounds for each appeal, including the fact that the Defendant and the Prosecutor are claiming for the reason for each appeal, and such sentence is too weak, or it cannot be deemed that the Defendant and the Prosecutor exceeded the reasonable scope of discretion in the court’s sentencing determination, even though the Defendant and the Prosecutor submitted a written application seeking the Defendant’s wife in the trial, which cannot be deemed as a new sentencing material.
Therefore, each of the prosecutor and the defendant's arguments on unfair sentencing are rejected.
3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.